Adoption and Children Act 2002

• “child”, except where used to express a relationship, means a person who has not attained the age of 18 years,

• “the Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993,

• “Convention adoption order” means an adoption order which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (c. 18) (regulations giving effect to the Convention), is made as a Convention adoption order,

• “Convention country” means a country or territory in which the Convention is in force,

• “court” means the High Court or the family court,

• “enactment” includes an enactment comprised in subordinate legislation,

• “fee” includes expenses,

• “guardian” has the same meaning as in the 1989 Act and includes a special guardian within the meaning of that Act,

• “information” means information recorded in any form,

• “local authority” means any unitary authority, or any county council so far as they are not a unitary authority,

• “Northern Irish adoption agency” means an adoption agency within the meaning of Article 3 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)),

• “Northern Irish adoption order” means an order made, or having effect as if made, under Article 12 of the Adoption (Northern Ireland) Order 1987,

• “notice” means a notice in writing,

• “registration authority” (in Part 1)—in relation to England, has the same meaning as in the Care Standards Act 2000 (c. 14), andin relation to Wales, means the Welsh Ministers,

• “regulations” means regulations made by the appropriate Minister, unless they are required to be made by the Lord Chancellor, the Secretary of State or the Registrar General,

• “relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt, whether of the full blood or half-blood or by marriage or civil partnership,

• “rules” means Family Procedure Rules made by virtue of section 141(1),

• “Scottish adoption order” means an order made, or having effect as if made, under section 12 of the Adoption (Scotland) Act 1978 (c. 28) or section28(1) of the Adoption and Children (Scotland) Act 2007 (asp4),

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30),

• “unitary authority” means—the council of any county so far as they are the council for an area for which there are no district councils,the council of any district comprised in an area for which there is no county council,the council of a county borough,the council of a London borough,the Common Council of the City of London.

• (2) Any power conferred by this Act to prescribe a fee by ...regulations includes power to prescribe—

• (a) a fee not exceeding a prescribed amount,

• (b) a fee calculated in accordance with the ...regulations,

• (c) a fee determined by the person to whom it is payable, being a fee of a reasonable amount.

• (3) In this Act, “Scottish adoption agency” means—

• (a) a local authority, or

• (b) a voluntary organisation providing a registered adoption service;

but in relation to the provision of any particular service, references to a Scottish adoption agency do not include a voluntary organisation unless it is registered in respect of that service or a service which, in Scotland, corresponds to that service.

Expressions used in this subsection have the same meaning as in the Public Services Reform (Scotland) Act 2010 (asp 8) and “registered” means registered under Chapter3 of Part 5 of that Act.

• (4) In this Act, a couple means—

• (a) a married couple, or

• (aa) two people who are civil partners of each other, or

• (b) two people (whether of different sexes or the same sex) living as partners in an enduring family relationship.

• (5) Subsection (4)(b) does not include two people one of whom is the other’s parent, grandparent, sister, brother, aunt or uncle.

• (6) References to relationships in subsection (5)—

• (a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for adoption, and

• (b) include the relationship of a child with his adoptive, or former adoptive, parents,

but do not include any other adoptive relationships.

• (7) For the purposes of this Act, a person is the partner of a child’s parent if the person and the parent are a couple but the person is not the child’s parent.

Devolution: Wales

145

• (1) The references to the Adoption Act 1976 (c. 36) and to the 1989 Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) are to be treated as referring to those Acts as amended by virtue of this Act.

• (2) This section does not affect the power to make further Orders varying or omitting those references.

• (3) In Schedule 1 to that Order, in the entry for the Adoption Act 1976, “9” is omitted.

• (4) The functions exercisable by the Assembly under sections 9 and 9A of the Adoption Act 1976 (by virtue of paragraphs 4 and 5 of Schedule 4 to this Act) are to be treated for the purposes of section 44 of the Government of Wales Act 1998 (c. 38) (parliamentary procedures for subordinate legislation) as if made exercisable by the Assembly by an Order in Council under section 22 of that Act.

Expenses

146

There shall be paid out of money provided by Parliament—

• (a) any expenditure incurred by a Minister of the Crown by virtue of this Act,

• (b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

Glossary

147

Schedule 6 (glossary) is to have effect.

Commencement

148

• (1) This Act (except sections 116 and 136, this Chapter and the provisions mentioned in subsections (5) and (6)) is to come into force on such day as the Secretary of State may by order appoint.

• (2) Before making an order under subsection (1) (other than an order bringing paragraph 53 of Schedule 3 into force) the Secretary of State must consult the Assembly.

• (3) Before making an order under subsection (1) bringing sections 123 and 124 into force, the Secretary of State must also consult the Scottish Ministers and the Department of Health, Social Services and Public Safety.

• (4) Before making an order under subsection (1) bringing sections 125 to 131 into force, the Secretary of State must also consult the Scottish Ministers.

• (5) The following are to come into force on such day as the Scottish Ministers may by order appoint—

• (a) section 41(5) to (9), so far as relating to Scotland,

• (b) sections 132 to 134,

• (c) paragraphs 21 to 35 and 82 to 84 of Schedule 3,

• (d) paragraphs 15 and 23 of Schedule 4,

• (e) the entries in Schedule 5, so far as relating to the provisions mentioned in paragraphs (c) and (d),

• (f) section 139, so far as relating to the provisions mentioned in the preceding paragraphs.

• (6) Sections 2(6), 3(3) and (4), 4 to 17, 27(3), 53(1) to (3), 54, 56 to 65 and 98, paragraphs 13, 65, 66 and 111 to 113 of Schedule 3 and paragraphs 3 and 5 of Schedule 4 are to come into force on such day as the appropriate Minister may by order appoint.

Extent

149

• (1) The amendment or repeal of an enactment has the same extent as the enactment to which it relates.

• (2) Subject to that and to the following provisions, this Act except section 137 extends to England and Wales only.

• (3) The following extend also to Scotland and Northern Ireland—

• (a) sections 63(2) to (5), 65(2)(a) and (b) and (3), 123 and 124,

• (b) this Chapter, except sections 141 and 145.

• (4) The following extend also to Scotland—

• (a) section 41(5) to (9),

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) section 138,

• (d) section 139, so far as relating to provisions extending to Scotland.

• (5) In Schedule 4, paragraph 23 extends only to Scotland.

Short title

150

This Act may be cited as the Adoption and Children Act 2002.

SCHEDULE 1

Registration of adoption orders

1

• (1) Every adoption order must contain a direction to the Registrar General to make in the Adopted Children Register an entry in the form prescribed by regulations made by the Registrar General with the approval of the Secretary of State.

• (2) Where, on an application to a court for an adoption order in respect of a child, the identity of the child with a child to whom an entry in the registers of live-births or other records relates is proved to the satisfaction of the court, any adoption order made in pursuance of the application must contain a direction to the Registrar General to secure that the entry in the register or, as the case may be, record in question is marked with the word “Adopted”.

• (3) Where an adoption order is made in respect of a child who has previously been the subject of an adoption order made by a court in England or Wales under Part 1 of this Act or any other enactment—

• (a) sub-paragraph (2) does not apply, and

• (b) the order must contain a direction to the Registrar General to mark the previous entry in the Adopted Children Register with the word “Re-adopted”.

• (4) Where an adoption order is made, the prescribed officer of the court which made the order must communicate the order to the Registrar General in the prescribed manner; and the Registrar General must then comply with the directions contained in the order.

Registration of adoptions in Scotland, Northern Ireland, the Isle of Man and the Channel Islands

2

• (1) Sub-paragraphs (2) and (3) apply where the Registrar General is notified by the authority maintaining a register of adoptions in a part of the British Islands outside England and Wales that an order has been made in that part authorising the adoption of a child.

• (2) If an entry in the registers of live-births or other records (and no entry in the Adopted Children Register) relates to the child, the Registrar General must secure that the entry is marked with—

• (a) the word “Adopted”, followed by

• (b) the name, in brackets, of the part in which the order was made.

• (3) If an entry in the Adopted Children Register relates to the child, the Registrar General must mark the entry with—

• (a) the word “Re-adopted”, followed by

• (b) the name, in brackets, of the part in which the order was made.

• (4) Where, after an entry in either of the registers or other records mentioned in sub-paragraphs (2) and (3) has been so marked, the Registrar General is notified by the authority concerned that—

• (a) the order has been quashed,

• (b) an appeal against the order has been allowed, or

• (c) the order has been revoked,

the Registrar General must secure that the marking is cancelled.

• (5) A copy or extract of an entry in any register or other record, being an entry the marking of which is cancelled under sub-paragraph (4), is not to be treated as an accurate copy unless both the marking and the cancellation are omitted from it.

Registration of other adoptions

3

• (1) If the Registrar General is satisfied, on an application under this paragraph, that he has sufficient particulars relating to a child adopted under a registrable foreign adoption to enable an entry to be made in the Adopted Children Register for the child he must make the entry accordingly.

• (2) If he is also satisfied that an entry in the registers of live-births or other records relates to the child, he must—

• (a) secure that the entry is marked “Adopted”, followed by the name, in brackets, of the country in which the adoption was effected, or

• (b) where appropriate, secure that the overseas registers of births are so marked.

• (3) An application under this paragraph must be made, in the prescribed manner, by a prescribed person and the applicant must provide the prescribed documents and other information.

• (4) An entry made in the Adopted Children Register by virtue of this paragraph must be made in the prescribed form.

• (5) In this Schedule “registrable foreign adoption” means an adoption which satisfies prescribed requirements and is either—

• (a) adoption under a Convention adoption, or

• (b) adoption under an overseas adoption.

• (6) In this paragraph—

• (a) “prescribed” means prescribed by regulations made by the Registrar General with the approval of the Secretary of State,

• (b) “overseas register of births” includes—

• (i) a register made under regulations made by the Secretary of State under section 41(1)(g), (h) or (i) of the British Nationality Act 1981 (c. 61),

• (ii) a record kept under an Order in Council made under section 1 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58) (other than a certified copy kept by the Registrar General).

Amendment of orders and rectification of Registers and other records

4

• (1) The court by which an adoption order has been made may, on the application of the adopter or the adopted person, amend the order by the correction of any error in the particulars contained in it.

• (2) The court by which an adoption order has been made may, if satisfied on the application of the adopter or the adopted person that within the period of one year beginning with the date of the order any new name—

• (a) has been given to the adopted person (whether in baptism or otherwise), or

• (b) has been taken by the adopted person,

either in place of or in addition to a name specified in the particulars required to be entered in the Adopted Children Register in pursuance of the order, amend the order by substituting or, as the case may be, adding that name in those particulars.

• (3) The court by which an adoption order has been made may, if satisfied on the application of any person concerned that a direction for the marking of an entry in the registers of live-births, the Adopted Children Register or other records included in the order in pursuance of paragraph 1(2) or (3) was wrongly so included, revoke that direction.

• (4) Where an adoption order is amended or a direction revoked under sub-paragraphs (1) to (3), the prescribed officer of the court must communicate the amendment in the prescribed manner to the Registrar General.

• (5) The Registrar General must then—

• (a) amend the entry in the Adopted Children Register accordingly, or

• (b) secure that the marking of the entry in the registers of live-births, the Adopted Children Register or other records is cancelled,

as the case may be.

• (6) Where an adoption order is quashed or an appeal against an adoption order allowed by any court, the court must give directions to the Registrar General to secure that—

• (a) any entry in the Adopted Children Register, and

• (b) any marking of an entry in that Register, the registers of live-births or other records as the case may be, which was effected in pursuance of the order,

is cancelled.

• (7) Where an adoption order has been amended, any certified copy of the relevant entry in the Adopted Children Register which may be issued pursuant to section 78(2)(b) must be a copy of the entry as amended, without the reproduction of—

• (a) any note or marking relating to the amendment, or

• (b) any matter cancelled in pursuance of it.

• (8) A copy or extract of an entry in any register or other record, being an entry the marking of which has been cancelled, is not to be treated as an accurate copy unless both the marking and the cancellation are omitted from it.

• (9) If the Registrar General is satisfied—

• (a) that a registrable foreign adoption has ceased to have effect, whether on annulment or otherwise, or

• (b) that any entry or mark was erroneously made in pursuance of paragraph 3 in the Adopted Children Register, the registers of live-births, the overseas registers of births or other records,

he may secure that such alterations are made in those registers or other records as he considers are required in consequence of the adoption ceasing to have effect or to correct the error.

• (10) Where an entry in such a register is amended in pursuance of sub-paragraph (9), any copy or extract of the entry is not to be treated as accurate unless it shows the entry as amended but without indicating that it has been amended.

Marking of entries on re-registration of birth on legitimation

5

• (1) Without prejudice to paragraphs 2(4) and 4(5), where, after an entry in the registers of live-births or other records has been marked in accordance with paragraph 1 or 2, the birth is re-registered under section 14 of the Births and Deaths Registration Act 1953 (c. 20) (re-registration of births of legitimated persons), the entry made on the re-registration must be marked in the like manner.

• (2) Without prejudice to paragraph 4(9), where an entry in the registers of live-births or other records is marked in pursuance of paragraph 3 and the birth in question is subsequently re-registered under section 14 of that Act, the entry made on re-registration must be marked in the like manner.

Cancellations in registers on legitimation

6

• (1) This paragraph applies where an adoption order is revoked under section 55(1).

• (2) The prescribed officer of the court must communicate the revocation in the prescribed manner to the Registrar General who must then cancel or secure the cancellation of—

• (a) the entry in the Adopted Children Register relating to the adopted person, and

• (b) the marking with the word “Adopted” of any entry relating to the adopted person in the registers of live-births or other records.

• (3) A copy or extract of an entry in any register or other record, being an entry the marking of which is cancelled under this paragraph, is not to be treated as an accurate copy unless both the marking and the cancellation are omitted from it.

SCHEDULE 2

1

On an application made in the prescribed manner by an adopted person—

• (a) a record of whose birth is kept by the Registrar General, and

• (b) who has attained the age of 18 years,

the Registrar General must give the applicant any information necessary to enable the applicant to obtain a certified copy of the record of his birth.

2

• (1) Before giving any information to an applicant under paragraph 1, the Registrar General must inform the applicant that counselling services are available to the applicant—

• (a) from a registered adoption society, an organisation within section 144(3)(b) or an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)),

• (b) if the applicant is in England and Wales, at the General Register Office or from any local authority or registered adoption support agency,

• (c) if the applicant is in Scotland, from any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

• (d) if the applicant is in Northern Ireland, from any Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.)).

• (2) In sub-paragraph (1)(b), “registered adoption support agency” means—

• (a) in relation to England, an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 (c. 14), or

• (b) in relation to Wales, an adoption support agency registered as an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) If the applicant chooses to receive counselling from a person or body within sub-paragraph (1), the Registrar General must send to the person or body the information to which the applicant is entitled under paragraph 1.

3

• (1) Where an adopted person who is in England and Wales—

• (a) applies for information under paragraph 1 or Article 54 of the Adoption (Northern Ireland) Order 1987, or

• (b) is supplied with information under section 55(4)(b) of the Adoption and Children (Scotland) Act 2007 (asp 4),

the persons and bodies mentioned in sub-paragraph (2) must, if asked by the applicant to do so, provide counselling for the applicant.

• (2) Those persons and bodies are—

• (a) the Registrar General,

• (b) any local authority,

• (c) a registered adoption society, an organisation within section 144(3)(b) or an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987.

4

• (1) Where a person—

• (a) was adopted before 12th November 1975, and

• (b) applies for information under paragraph 1,

the Registrar General must not give the information to the applicant unless the applicant has attended an interview with a counsellor arranged by a person or body from whom counselling services are available as mentioned in paragraph 2.

• (2) Where the Registrar General is prevented by sub-paragraph (1) from giving information to a person who is not living in the United Kingdom, the Registrar General may give the information to any body which—

• (a) the Registrar General is satisfied is suitable to provide counselling to that person, and

• (b) has notified the Registrar General that it is prepared to provide such counselling.

SCHEDULE 3

The Marriage Act 1949 (c. 76)

1

Section 3 of the Marriage Act 1949 (marriage of person aged under eighteen) is amended as follows.

2

In subsection (1), for “person or persons specified in subsection (1A) of this section” there is substituted “ appropriate persons ”.

3

For subsection (1A) there is substituted—

(1A) The appropriate persons are— (a) if none of paragraphs (b) to (h) apply, each of the following— (i) any parent of the child who has parental responsibility for him; and (ii) any guardian of the child; (b) where a special guardianship order is in force with respect to a child, each of the child’s special guardians, unless any of paragraphs (c) to (g) applies; (c) where a care order has effect with respect to the child, the local authority designated in the order, and each parent, guardian or special guardian (in so far as their parental responsibility has not been restricted under section 33(3) of the Children Act 1989), unless paragraph (e) applies; (d) where a residence order has effect with respect to the child, the persons with whom the child lives, or is to live, as a result of the order, unless paragraph (e) applies; (e) where an adoption agency is authorised to place the child for adoption under section 19 of the Adoption and Children Act 2002, that agency or, where a care order has effect with respect to the child, the local authority designated in the order; (f) where a placement order is in force with respect to the child, the appropriate local authority; (g) where a child has been placed for adoption with prospective adopters, the prospective adopters (in so far as their parental responsibility has not been restricted under section 25(4) of the Adoption and Children Act 2002), in addition to those persons specified in paragraph (e) or (f); (h) where none of paragraphs (b) to (g) apply but a residence order was in force with respect to the child immediately before he reached the age of sixteen, the persons with whom he lived, or was to live, as a result of the order.

4

For subsection (1B) there is substituted—

(1B) In this section— - “guardian of a child”, “parental responsibility”, “residence order”, “special guardian”, “special guardianship order” and “care order” have the same meaning as in the Children Act 1989; - “adoption agency”, “placed for adoption”, “placement order” and “local authority” have the same meaning as in the Adoption and Children Act 2002; - “appropriate local authority” means the local authority authorised by the placement order to place the child for adoption.

5

In subsection (2), for “The last foregoing subsection” there is substituted “ Subsection (1) ”.

The Births and Deaths Registration Act 1953 (c. 20)

6

In section 10 of the Births and Deaths Registration Act 1953 (registration of father where parents not married)—

• (a) in subsection (1)(d)(i), for “a parental responsibility agreement made between them in relation to the child” there is substituted “ any agreement made between them under section 4(1)(b) of the Children Act 1989 in relation to the child ”,

• (b) in subsection (1)(d)(ii), for “the Children Act 1989” there is substituted “ that Act ”,

• (c) in subsection (3), the words following “the Family Law Reform Act 1987” are omitted.

7

In section 10A of the Births and Deaths Registration Act 1953 (re-registration of father where parents not married)—

• (a) in subsection (1)(d)(i), for “a parental responsibility agreement made between them in relation to the child” there is substituted “ any agreement made between them under section 4(1)(b) of the Children Act 1989 in relation to the child ”,

• (b) in subsection (1)(d)(ii), for “the Children Act 1989” there is substituted “ that Act ”.

The Sexual Offences Act 1956 (c. 69)

8

In section 28 of the Sexual Offences Act 1956 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under sixteen), in subsection (4), the “or” at the end of paragraph (a) is omitted, and after that paragraph there is inserted—

(aa) a special guardianship order under that Act is in force with respect to her and he is not her special guardian; or

.

The Health Services and Public Health Act 1968 (c. 46)

9

The Health Services and Public Health Act 1968 is amended as follows.

10

In section 64 (financial assistance by the Secretary of State to certain voluntary organisations), in subsection (3)(a)(xviii), for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”.

11

In section 65 (financial and other assistance by local authorities to certain voluntary organisations), in subsection (3)(b), for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”.

The Local Authority Social Services Act 1970 (c. 42)

12

The Local Authority Social Services Act 1970 is amended as follows.

13

In section 7D (default powers of Secretary of State as respects social services functions of local authorities), in subsection (1), after “the Children Act 1989” there is inserted “ section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999 or the Adoption and Children Act 2002 ”.

14

In Schedule 1 (enactments conferring functions assigned to social services committee)—

• (a) the entry relating to the Adoption Act 1976 is omitted,

• (b) in the entry relating to the Children Act 1989, after “Consent to application for residence order in respect of child in care” there is inserted “ Functions relating to special guardianship orders ”,

• (c) in the entry relating to the Adoption (Intercountry Aspects) Act 1999—

• (i) in the first column, for “Section” there is substituted “ Sections 1 and ”,

• (ii) in the second column, for “Article 9(a) to (c) of” there is substituted “ regulations made under section 1 giving effect to ” and at the end there is inserted “ and functions under Article 9(a) to (c) of the Convention ”,

and at the end of the Schedule there is inserted—

Adoption and Children Act 2002	Maintenance of Adoption Service; functions of local authority as adoption agency.

The Immigration Act 1971 (c. 77)

15

In section 33(1) of the Immigration Act 1971 (interpretation)—

• (a) in the definition of “Convention adoption”, after “1978” there is inserted “ or in the Adoption and Children Act 2002 ”,

• (b) in the definition of “legally adopted”, for “section 72(2) of the Adoption Act 1976” there is substituted “ section 87 of the Adoption and Children Act 2002 ”.

The Legitimacy Act 1976 (c. 31)

16

The Legitimacy Act 1976 is amended as follows.

17

In section 4 (legitimation of adopted child)—

• (a) in subsection (1), after “1976” there is inserted “ or section 67 of the Adoption and Children Act 2002 ”,

• (b) in subsection (2)—

• (i) in paragraph (a), after “39” there is inserted “ or subsection (3)(b) of the said section 67 ”,

• (ii) in paragraph (b), after “1976” there is inserted “ or section 67, 68 or 69 of the Adoption and Children Act 2002 ”.

18

In section 6 (dispositions depending on date of birth), at the end of subsection (2) there is inserted “ or section 69(2) of the Adoption and Children Act 2002 ”.

The Adoption Act 1976 (c. 36)

19

In section 38 of the Adoption Act 1976 (meaning of “adoption” in Part 4), in subsection (2), after “1975” there is inserted “ but does not include an adoption of a kind mentioned in paragraphs (c) to (e) of subsection (1) effected on or after the day which is the appointed day for the purposes of Chapter 4 of Part 1 of the Adoption and Children Act 2002 ”.

The National Health Service Act 1977 (c. 49)

20

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The Adoption (Scotland) Act 1978 (c. 28)

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The Magistrates' Courts Act 1980 (c. 43)

36

The Magistrates’ Courts Act 1980 is amended as follows.

37

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38

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39

In section 71 (newspaper reports of family proceedings)—

• (a) in subsection (1), “(other than proceedings under the Adoption Act 1976)” is omitted,

• (b) in subsection (2)—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) the words following “(a) and (b)” are omitted.

40

In Part 1 of Schedule 6 (fees to be taken by justices’ chief executives), in the entry relating to family proceedings—

• (a) for “the Adoption Act 1976, except under section 21 of that Act”, there is substituted “ the Adoption and Children Act 2002, except under section 23 of that Act ”,

• (b) in paragraph (c), for “section 21 of the Adoption Act 1976” there is substituted “ section 23 of the Adoption and Children Act 2002 ”.

The Mental Health Act 1983 (c. 20)

41

In section 28 of the Mental Health Act 1983 (nearest relative of minor under guardianship, etc.), in subsection (3), after “ “guardian”” there is inserted “ includes a special guardian (within the meaning of the Children Act 1989), but ”.

The Child Abduction Act 1984 (c. 37)

42

• (1) Section 1 of the Child Abduction Act 1984 (offence of abduction of child by parent, etc.) is amended as follows.

• (2) In subsection (2), after paragraph (c) there is inserted—

(ca) he is a special guardian of the child; or

.

• (3) In subsection (3)(a), after sub-paragraph (iii) there is inserted—

(iiia) any special guardian of the child;

.

• (4) In subsection (4), for paragraphs (a) and (b) there is substituted—

(a) he is a person in whose favour there is a residence order in force with respect to the child, and he takes or sends the child out of the United Kingdom for a period of less than one month; or (b) he is a special guardian of the child and he takes or sends the child out of the United Kingdom for a period of less than three months.

• (5) In subsection (5A), the “or” at the end of sub-paragraph (i) of paragraph (a) is omitted, and after that sub-paragraph there is inserted—

(ia) who is a special guardian of the child; or

.

• (6) In subsection (7)(a), after “ “guardian of a child,”” there is inserted “ “special guardian,” ”.

43

• (1) The Schedule to that Act (modifications of section 1 for children in certain cases) is amended as follows.

• (2) In paragraph 3 (adoption and custodianship), for sub-paragraphs (1) and (2) there is substituted—

(1) This paragraph applies where— (a) a child is placed for adoption by an adoption agency under section 19 of the Adoption and Children Act 2002, or an adoption agency is authorised to place the child for adoption under that section; or (b) a placement order is in force in respect of the child; or (c) an application for such an order has been made in respect of the child and has not been disposed of; or (d) an application for an adoption order has been made in respect of the child and has not been disposed of; or (e) an order under section 84 of the Adoption and Children Act 2002 (giving parental responsibility prior to adoption abroad) has been made in respect of the child, or an application for such an order in respect of him has been made and has not been disposed of. (2) Where this paragraph applies, section 1 of this Act shall have effect as if— (a) the reference in subsection (1) to the appropriate consent were— (i) in a case within sub-paragraph (1)(a) above, a reference to the consent of each person who has parental responsibility for the child or to the leave of the High Court; (ii) in a case within sub-paragraph (1)(b) above, a reference to the leave of the court which made the placement order; (iii) in a case within sub-paragraph (1)(c) or (d) above, a reference to the leave of the court to which the application was made; (iv) in a case within sub-paragraph (1)(e) above, a reference to the leave of the court which made the order or, as the case may be, to which the application was made; (b) subsection (3) were omitted; (c) in subsection (4), in paragraph (a), for the words from “in whose favour” to the first mention of “child” there were substituted “who provides the child’s home in a case falling within sub-paragraph (1)(a) or (b) of paragraph 3 of the Schedule to this Act”; and (d) subsections (4A), (5), (5A) and (6) were omitted.

• (3) In paragraph 5 (interpretation), in sub-paragraph (a), for the words from “and “adoption order”” to the end there is substituted “ , “adoption order”, “placed for adoption by an adoption agency” and “placement order” have the same meaning as in the Adoption and Children Act 2002; and ”.

The Matrimonial and Family Proceedings Act 1984 (c. 42)

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Child Abduction and Custody Act 1985 (c. 60)

45

In Schedule 3 to the Child Abduction and Custody Act 1985 (custody orders), in paragraph 1, the “and” at the end of paragraph (b) is omitted and after that paragraph there is inserted—

(bb) a special guardianship order (within the meaning of the Act of 1989); and

,

The Family Law Act 1986 (c. 55)

46

The Family Law Act 1986 is amended as follows.

47

In section 1 (orders to which Part 1 applies), in subsection (1), after paragraph (a) there is inserted—

(aa) a special guardianship order made by a court in England and Wales under the Children Act 1989; (ab) an order made under section 26 of the Adoption and Children Act 2002 (contact), other than an order varying or revoking such an order

.

48

In section 2 (jurisdiction: general), after subsection (2) there is inserted—

(2A) A court in England and Wales shall not have jurisdiction to make a special guardianship order under the Children Act 1989 unless the condition in section 3 of this Act is satisfied. (2B) A court in England and Wales shall not have jurisdiction to make an order under section 26 of the Adoption and Children Act 2002 unless the condition in section 3 of this Act is satisfied.

49

In section 57 (declarations as to adoptions effected overseas)—

• (a) for subsection (1)(a) there is substituted—

(a) a Convention adoption, or an overseas adoption, within the meaning of the Adoption and Children Act 2002, or

,

• (b) in subsection (2)(a), after “1976” there is inserted “ or section 67 of the Adoption and Children Act 2002 ”.

The Family Law Reform Act 1987 (c. 42)

50

The Family Law Reform Act 1987 is amended as follows.

51

In section 1 (general principle), for paragraph (c) of subsection (3) there is substituted—

(c) is an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002

.

52

In section 19 (dispositions of property), in subsection (5), after “1976” there is inserted “ or section 69 of the Adoption and Children Act 2002 ”.

The Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))

53

In Article 2(2) (interpretation), in the definition of “prescribed”, for “Articles 54” there is substituted “ Articles 53(3B) and (3D), 54 ”.

The Children Act 1989 (c. 41)

54

The Children Act 1989 is amended as follows.

55

In section 8 (residence, contact and other orders with respect to children), in subsection (4), for paragraph (d) there is substituted—

(d) the Adoption and Children Act 2002;

.

56

In section 10 (power of court to make section 8 orders)—

• (a) in subsection (4)(a), for “or guardian” there is substituted “ , guardian or special guardian ”,

• (b) after subsection (4)(a) there is inserted—

(aa) any person who by virtue of section 4A has parental responsibility for the child;

,

• (c) after subsection (5) there is inserted—

(5A) A local authority foster parent is entitled to apply for a residence order with respect to a child if the child has lived with him for a period of at least one year immediately preceding the application.

,

• (d) after subsection (7) there is inserted—

(7A) If a special guardianship order is in force with respect to a child, an application for a residence order may only be made with respect to him, if apart from this subsection the leave of the court is not required, with such leave.

57

In section 12 (residence orders and parental responsibility), in subsection (3)—

• (a) paragraph (a) is omitted,

• (b) in paragraph (b), for “section 55 of the Act of 1976” there is substituted “ section 84 of the Adoption and Children Act 2002 ”.

58

In section 16 (family assistance orders), in subsection (2)(a), for “or guardian” there is substituted “ , guardian or special guardian ”.

59

In section 20 (provision of accommodation for children: general), in subsection (9), the “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—

(aa) who is a special guardian of the child; or

.

60

In section 24 (persons qualifying for advice and assistance)—

• (a) for subsection (1) there is substituted—

(1) In this Part “a person qualifying for advice and assistance” means a person to whom subsection (1A) or (1B) applies. (1A) This subsection applies to a person— (a) who has reached the age of sixteen but not the age of twenty-one; (b) with respect to whom a special guardianship order is in force (or, if he has reached the age of eighteen, was in force when he reached that age); and (c) who was, immediately before the making of that order, looked after by a local authority. (1B) This subsection applies to a person to whom subsection (1A) does not apply, and who— (a) is under twenty-one; and (b) at any time after reaching the age of sixteen but while still a child was, but is no longer, looked after, accommodated or fostered.

,

• (b) in subsection (2), for “subsection (1)(b)” there is substituted “ subsection (1B)(b) ”,

• (c) in subsection (5), before paragraph (a) there is inserted—

(za) in the case of a person to whom subsection (1A) applies, a local authority determined in accordance with regulations made by the Secretary of State;

.

61

In section 24A (advice and assistance for qualifying persons)—

• (a) in subsection (2)(b), after “a person” there is inserted “ to whom section 24(1A) applies, or to whom section 24(1B) applies and ”,

• (b) in subsection (3)(a), after “if” there is inserted “ he is a person to whom section 24(1A) applies, or he is a person to whom section 24(1B) applies and ”.

62

In section 24B (assistance with employment, education and training), in each of subsections (1) and (3)(b), after “of” there is inserted “ section 24(1A) or ”.

63

In section 33 (effect of care order)—

• (a) in subsection (3)(b), for “a parent or guardian of the child” there is substituted

— (i) a parent, guardian or special guardian of the child; or (ii) a person who by virtue of section 4A has parental responsibility for the child,

,

• (b) in subsection (5), for “a parent or guardian of the child who has care of him” there is substituted “ a person mentioned in that provision who has care of the child ”,

• (c) in subsection (6)(b)—

• (i) sub-paragraph (i) is omitted,

• (ii) in sub-paragraph (ii), for “section 55 of the Act of 1976” there is substituted “ section 84 of the Adoption and Children Act 2002 ”,

• (d) in subsection (9), for “a parent or guardian of the child” there is substituted “ a person mentioned in that provision ”.

64

In section 34 (parental contact etc. with children in care)—

• (a) in subsection (1)(b), after “guardian” there is inserted “ or special guardian ”, and

• (b) after subsection (1)(b) there is inserted—

(ba) any person who by virtue of section 4A has parental responsibility for him;

.

65

In section 80 (inspection of children’s homes by persons authorised by Secretary of State), in subsection (1), paragraphs (e) and (f) are omitted.

66

In section 81 (inquiries), in subsection (1), paragraph (b) is omitted.

67

In section 88 (amendments of adoption legislation), subsection (1) is omitted.

68

In section 91 (effect and duration of orders, etc.)—

• (a) after subsection (5) there is inserted—

(5A) The making of a special guardianship order with respect to a child who is the subject of— (a) a care order; or (b) an order under section 34, discharges that order.

,

• (b) in subsection (7), after “4(1)” there is inserted “ 4A(1) ”,

• (c) in subsection (8)(a), after “4” there is inserted “ or 4A ”.

69

In section 102 (power of constable to assist in exercise of certain powers to search for children or inspect premises), in subsection (6), paragraph (c) is omitted.

70

In section 105 (interpretation), in subsection (1)—

• (a) in the definition of “adoption agency”, for “section 1 of the Adoption Act 1976” there is substituted “ section 2 of the Adoption and Children Act 2002 ”,

• (b) at the appropriate place there is inserted—

“section 31A plan” has the meaning given by section 31A(6);

,

• (c) in the definition of “parental responsibility agreement”, for “section 4(1)” there is substituted “ sections 4(1) and 4A(2) ”,

• (d) the definition of “protected child” is omitted,

• (e) after the definition of “special educational needs” there is inserted—

“special guardian” and “special guardianship order” have the meaning given by section 14A;

.

71

In Schedule 1 (financial provision for children)—

• (a) in paragraph 1 (orders for financial relief against parents)—

• (i) in sub-paragraph (1), for “or guardian” there is substituted “ , guardian or special guardian ”, and

• (ii) in sub-paragraph (6), after “order” there is inserted “ or a special guardianship order ”,

• (b) in paragraph 6 (variation etc of orders for periodical payments), in sub-paragraph (8), after “guardian” there is inserted “ or special guardian ”,

• (c) in paragraph 8 (financial relief under other enactments), in sub-paragraph (1) and in sub-paragraph (2)(b), after “residence order” there is inserted “ or a special guardianship order ”,

• (d) in paragraph 14 (financial provision for child resident in country outside England and Wales), in sub-paragraph (1)(b), after “guardian” there is inserted “ or special guardian ”.

72

In Schedule 2, in paragraph 19 (arrangements by local authorities to assist children to live abroad)—

• (a) in sub-paragraph (4) (arrangements to assist children to live abroad), after “guardian,” there is inserted “ special guardian, ”,

• (b) in sub-paragraph (6), for the words from the beginning to “British subject)” there is substituted “ Section 85 of the Adoption and Children Act 2002 (which imposes restrictions on taking children out of the United Kingdom) ”,

• (c) after sub-paragraph (8) there is inserted—

(9) This paragraph does not apply to a local authority placing a child for adoption with prospective adopters.

73

In Schedule 8 (privately fostered children), in paragraph 5, for sub-paragraphs (a) and (b) there is substituted

he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of— (a) section 2 of the Adoption and Children Act 2002; (b) section 1 of the Adoption (Scotland) Act 1978; or (c) Article 3 of the Adoption (Northern Ireland) Order 1987

.

74

Part 1 of Schedule 10 is omitted.

75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Human Fertilisation and Embryology Act 1990 (c. 37)

76

The Human Fertilisation and Embryology Act 1990 is amended as follows.

77

In section 27 (meaning of mother), in subsection (2), for “child of any person other than the adopter or adopters” there is substituted “ woman’s child ”.

78

In section 28 (meaning of father), in subsection (5)(c), for “child of any person other than the adopter or adopters” there is substituted “ man’s child ”.

79

In section 30 (parental orders in favour of gamete donors), in subsection (10) for “Adoption Act 1976” there is substituted “ Adoption and Children Act 2002 ”.

The Courts and Legal Services Act 1990 (c. 41)

80

In section 58A of the Courts and Legal Services Act 1990 (conditional fee agreements: supplementary), in subsection (2), for paragraph (b) there is substituted—

(b) the Adoption and Children Act 2002;

.

The Child Support Act 1991 (c. 48)

81

In section 26 of the Child Support Act 1991 (disputes about parentage), in subsection (3), after “1976” there is inserted “ or Chapter 4 of Part 1 of the Adoption and Children Act 2002 ”.

The Children (Scotland) Act 1995 (c. 36)

82

Section 86 of the Children (Scotland) Act 1995 (parental responsibilities order: general) is amended as follows.

83

In subsection (3), in paragraph (a), for “section 18 (freeing for adoption) or 55 (adoption abroad) of the Adoption Act 1976” there is substituted “ section 19 (placing children with parental consent) or 84 (giving parental responsibility prior to adoption abroad) of the Adoption and Children Act 2002 ”.

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Family Law Act 1996 (c. 27)

85

The Family Law Act 1996 is amended as follows.

86

In section 62 (meaning of “relevant child” etc.)—

• (a) in subsection (2), in paragraph (b), after “the Adoption Act 1976” there is inserted “ , the Adoption and Children Act 2002 ”,

• (b) in subsection (5), for the words from “has been freed” to “1976” there is substituted “ falls within subsection (7) ”.

87

At the end of that section there is inserted—

(7) A child falls within this subsection if— (a) an adoption agency, within the meaning of section 2 of the Adoption and Children Act 2002, has power to place him for adoption under section 19 of that Act (placing children with parental consent) or he has become the subject of an order under section 21 of that Act (placement orders), or (b) he is freed for adoption by virtue of an order made— (i) in England and Wales, under section 18 of the Adoption Act 1976, (ii) in Scotland, under section 18 of the Adoption (Scotland) Act 1978, or (iii) in Northern Ireland, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987.

88

In section 63 (interpretation of Part 4)—

• (a) in subsection (1), for the definition of “adoption order”, there is substituted—

“adoption order” means an adoption order within the meaning of section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002;

,

• (b) in subsection (2), after paragraph (h) there is inserted—

(i) the Adoption and Children Act 2002.

The Housing Act 1996 (c. 52)

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Police Act 1997 (c. 50)

93

In section 115 of the Police Act 1997 (enhanced criminal records), in subsection (5)(h), for “section 11 of the Adoption Act 1976” there is substituted “ section 2 of the Adoption and Children Act 2002 ”.

The Protection of Children Act 1999 (c. 14)

94

In section 2B of the Protection of Children Act 1999 (individuals named in the findings of certain inquiries), in subsection (7), after paragraph (a) there is inserted—

(vi) section 17 of the Adoption and Children Act 2002;

.

The Adoption (Intercountry Aspects) Act 1999 (c. 18)

95

The following provisions of the Adoption (Intercountry Aspects) Act 1999 cease to have effect in relation to England and Wales: sections 3, 6, 8, 9 and 11 to 13.

96

Section 2 of that Act (accredited bodies) is amended as follows.

97

In subsection (2A)—

• (a) for the words from the beginning to “2000” there is substituted “ A registered adoption society ”,

• (b) for “agency” there is substituted “ society ”.

98

For subsection (5) there is substituted—

(5) In this section, “registered adoption society” has the same meaning as in section 2 of the Adoption and Children Act 2002 (basic definitions); and expressions used in this section in its application to England and Wales which are also used in that Act have the same meanings as in that Act.

99

In subsection (6)—

• (a) the words “in its application to Scotland” are omitted,

• (b) after “expressions” there is inserted “ used in this section in its application to Scotland ”.

100

Section 14 (restriction on bringing children into the United Kingdom for adoption) is omitted.

101

In section 16(1) (devolution: Wales), the words “, or section 17 or 56A of the 1976 Act,” are omitted.

The Access to Justice Act 1999 (c. 22)

102

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Care Standards Act 2000 (c. 14)

103

The Care Standards Act 2000 is amended as follows.

104

In section 4 (basic definitions), in subsection (7), for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”.

105

At the end of section 5 (registration authorities) there is inserted—

(2) This section is subject to section 36A.

106

In section 11 (requirement to register), in subsection (3), for “reference in subsection (1) to an agency does” there is substituted “ references in subsections (1) and (2) to an agency do ”.

107

In section 14 (2) (offences conviction of which may result in cancellation of registration), for paragraph (d) there is substituted—

(d) an offence under regulations under section 1(3) of the Adoption (Intercountry Aspects) Act 1999, (e) an offence under the Adoption and Children Act 2002 or regulations made under it

.

108

In section 16(2) (power to make regulations providing that no application for registration may be made in respect of certain agencies which are unincorporated bodies), “or a voluntary adoption agency” is omitted.

109

In section 22(10) (disapplication of power to make regulations in the case of voluntary adoption agencies), at the end there is inserted. “ or adoption support agencies ”

110

In section 23 (standards), at the end of subsection (4)(d) there is inserted “or proceedings against a voluntary adoption agency for an offence under section 9(4) of the Adoption Act 1976 or section 9 of the Adoption and Children Act 2002”.

111

In section 31 (inspections by authorised persons), in subsection (3)(b), for “section 9(2) of the Adoption Act 1976” there is substituted “ section 9 of the Adoption and Children Act 2002 ”.

112

In section 43 (introductory), in subsection (3)(a)—

• (a) for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”,

• (b) after “children” there is inserted “ or the provision of adoption support services (as defined in section 2(6) of the Adoption and Children Act 2002) ”.

113

In section 46 (inspections: supplementary), in subsection (7)(c), for “section 9(3) of the Adoption Act 1976” there is substituted “ section 9 of the Adoption and Children Act 2002 ”.

114

In section 48 (regulation of fostering functions), at the end of subsection (1) there is inserted—

(f) as to the fees or expenses which may be paid to persons assisting local authorities in making decisions in the exercise of such functions

.

115

In section 55(2)(b) (definition of “social care worker”), for “or a voluntary adoption agency” there is substituted “ , a voluntary adoption agency or an adoption support agency ”.

116

In section 121 (general interpretation)—

• (a) in subsection (1), in the definition of “voluntary organisation”, for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”,

• (b) in subsection (13), in the appropriate place in the table there is inserted— “ Adoption support agency Section 4 ”.

117

In Schedule 4 (minor and consequential amendments), paragraph 27(b) is omitted.

The Criminal Justice and Court Services Act 2000 (c. 43)

118

In section 12(5) of the Criminal Justice and Court Services Act 2000 (meaning of “family proceedings” in relation to CAFCASS), paragraph (b) (supervision orders under the 1989 Act) and the preceding “and” are omitted.

SCHEDULE 4

General rules for continuity

1

• (1) Any reference (express or implied) in Part 1 or any other enactment, instrument or document to—

• (a) any provision of Part 1, or

• (b) things done or falling to be done under or for the purposes of any provision of Part 1,

must, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

• (2) Any reference (express or implied) in any enactment, instrument or document to—

• (a) a provision repealed by this Act, or

• (b) things done or falling to be done under or for the purposes of such a provision,

must, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision of Part 1 has effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

General rule for old savings

2

• (1) The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

• (2) The repeal by this Act of a saving made on the previous repeal of an enactment does not affect the operation of the saving in so far as it is not specifically reproduced in this Act but remains capable of having effect.

Adoption support services

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation of adoption agencies

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Independent review mechanism

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pending applications for freeing orders

6

Nothing in this Act affects any application for an order under section 18 of the Adoption Act 1976 (freeing for adoption) where—

• (a) the application has been made and has not been disposed of immediately before the repeal of that section, and

• (b) the child in relation to whom the application is made has his home immediately before that repeal with a person with whom he has been placed for adoption by an adoption agency.

Freeing orders

7

• (1) Nothing in this Act affects any order made under section 18 of the Adoption Act 1976 (c. 36) and—

• (a) sections 19 to 21 of that Act are to continue to have effect in relation to such an order, and

• (b) Part 1 of Schedule 6 to the Magistrates’ Courts Act 1980 (c. 43) is to continue to have effect for the purposes of an application under section 21 of the Adoption Act 1976 in relation to such an order.

• (2) Section 20 of that Act, as it has effect by virtue of this paragraph, is to apply as if, in subsection (3)(c) after “1989” there were inserted—

(iia) any care order, within the meaning of that Act

.

• (3) Where a child is free for adoption by virtue of an order made under section 18 of that Act, the third condition in section 47(6) is to be treated as satisfied.

Pending applications for adoption orders

8

Nothing in this Act affects any application for an adoption order under section 12 of the Adoption Act 1976 where—

• (a) the application has been made and has not been disposed of immediately before the repeal of that section, and

• (b) the child in relation to whom the application is made has his home immediately before that repeal with a person with whom he has been placed for adoption by an adoption agency.

Notification of adoption applications

9

Where a notice given in respect of a child by the prospective adopters under section 22(1) of the Adoption Act 1976 is treated by virtue of paragraph 1(1) as having been given for the purposes of section 44(2) in respect of an application to adopt the child, section 42(3) has effect in relation to their application for an adoption order as if for “six months” there were substituted “ twelve months ”.

Adoptions with a foreign element

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advertising

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status

17

• (1) Section 67—

• (a) does not apply to a pre-1976 instrument or enactment in so far as it contains a disposition of property, and

• (b) does not apply to any public general Act in its application to any disposition of property in a pre-1976 instrument or enactment.

• (2) Section 73 applies in relation to this paragraph as if this paragraph were contained in Chapter 4 of Part 1; and an instrument or enactment is a pre-1976 instrument or enactment for the purposes of this Schedule if it was passed or made at any time before 1st January 1976.

18

Section 69 does not apply to a pre-1976 instrument.

19

In section 70(1), the reference to Part 3 of the Family Law Reform Act 1987 (c. 42) includes Part 2 of the Family Law Reform Act 1969 (c. 46).

Registration of adoptions

20

• (1) The power of the court under paragraph 4(1) of Schedule 1 to amend an order on the application of the adopter or adopted person includes, in relation to an order made before 1st April 1959, power to make any amendment of the particulars contained in the order which appears to be required to bring the order into the form in which it would have been made if paragraph 1 of that Schedule had applied to the order.

• (2) In relation to an adoption order made before the commencement of the Adoption Act 1976 (c. 36), the reference in paragraph 4(3) of that Schedule to paragraph 1(2) or (3) is to be read—

• (a) in the case of an order under the Adoption of Children Act 1926 (c. 29), as a reference to section 12(3) and (4) of the Adoption of Children Act 1949 (c. 98),

• (b) in the case of an order under the Adoption Act 1950 (c. 26), as a reference to section 18(3) and (4) of that Act,

• (c) in the case of an order under the Adoption Act 1958 (c. 5), as a reference to section 21(4) and (5) of that Act.

The Child Abduction Act 1984 (c. 37)

21

Paragraph 43 of Schedule 3 does not affect the Schedule to the Child Abduction Act 1984 in its application to a child who is the subject of—

• (a) an order under section 18 of the Adoption Act 1976 freeing the child for adoption,

• (b) a pending application for such an order, or

• (c) a pending application for an order under section 12 of that Act.

The Courts and Legal Services Act 1990 (c. 41)

22

Paragraph 80 of Schedule 3 does not affect section 58A(2)(b) of the Courts and Legal Services Act 1990 in its application to proceedings under the Adoption Act 1976 (c. 36).

The Children (Scotland) Act 1995 (c. 36)

23

Paragraph 84 of Schedule 3 does not affect section 86(6) of the Children (Scotland) Act 1995 in its application to a child who becomes the subject of an order under section 18 or 55 of the Adoption Act 1976 by virtue of an application made before the repeal of that section.

SCHEDULE 5

SCHEDULE 6

In this Act, the expressions listed in the left-hand column below have the meaning given by, or are to be interpreted in accordance with, the provisions of this Act or (where stated) of the 1989 Act listed in the right-hand column.

Considerations applying to the exercise of powers

Property devolving with peerages etc.

Management etc. of agencies

Placing children with parental consent

Status conferred by adoption

Right of officers of the Service to have access to adoption agency records

Searches and copies

Giving parental responsibility prior to adoption abroad

Section 89: supplementary

Offence of breaching restrictions under section 92

Right of officers of the Service to have access to adoption agency records

Parental responsibility of unmarried father

Section 8 orders: local authority foster parents

Residence orders: extension to age of 18

Special guardianship

Accommodation of children in need etc.

Inquiries by local authorities into representations

The Births and Deaths Registration Act 1953 (c. 20)

Interests of children in proceedings

Offence of breaching restriction under section 123

Extension of the Hague Convention to British overseas territories

Amendments, transitional and transitory provisions, savings and repeals

Rules of procedure

Glossary

The Births and Deaths Registration Act 1953 (c. 20)

The Legitimacy Act 1976 (c. 31)

The Local Authority Social Services Act 1970 (c. 42)

The Child Abduction and Custody Act 1985 (c. 60)

The Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))

The Adoption Act 1976 (c. 36)

The Adoption (Scotland) Act 1978 (c. 28)

The Magistrates’ Courts Act 1980 (c. 43)

The Mental Health Act 1983 (c. 20)

The Child Abduction Act 1984 (c. 37)

The Children (Scotland) Act 1995 (c. 36)

The Family Law Act 1996 (c. 27)

The Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))

The Housing Act 1996 (c. 52)

The Human Fertilisation and Embryology Act 1990 (c. 37)

The Courts and Legal Services Act 1990 (c. 41)

The Children (Scotland) Act 1995 (c. 36)

The Family Law Act 1996 (c. 27)

The Housing Act 1996 (c. 52)

Adoptions with a foreign element

The Access to Justice Act 1999 (c. 22)

The Care Standards Act 2000 (c. 14)

Adoptions with a foreign element

Adoptions with a foreign element

Adoptions with a foreign element

Status

Status

In this Act, the expressions listed in the left-hand column below have the meaning given by, or are to be interpreted in accordance with, the provisions of this Act or (where stated) of the 1989 Act listed in the right-hand column.

Editorial notes